Summary: The Ombudsman will not investigate Ms B’s complaint about the Council’s handling of matters relating to its claim that land, which she says forms part of her property, encroaches onto the public footpath. This is because the matter is one for the courts and not the Ombudsman to determine.

The complaint

1. The complainant, who I refer to as Ms B, says the Council is wrong to claim that part of her land forms part of the highway and to demand she take action to resolve what it says is her encroachment of the highway.

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The Ombudsman’s role and powers

2. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

3. In considering the complaint I spoke to Ms B and reviewed the information she and the Council provided.

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What I found

4. The Council contacted Ms B with reference to its claim that she has encroached onto the public footpath and advised her that she would need to take action to resolve this.
5. Ms B says the action required by the Council to address this matter will mean she will lose part of her driveway and garden. She says the land in question became part of her property following a legal easement made years before she became the owner.

Assessment

6. Both Ms B and the Council have researched this matter but come to different conclusions about who owns the land. This legal dispute is a matter for the courts and not the Ombudsman to determine and so we will not investigate the complaint.
7. Ms B complains about the unhelpful behaviour of an officer and that she has had to make a number of Freedom of Information requests in seeking to obtain information about her case. However, these are not matters we will consider in isolation when we will not investigate the substantive issue.

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Final decision

8. We will not investigate this complaint because the matter is one for the courts and not the Ombudsman to determine.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman